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Law Ahoy

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    The origins of piracy are intertwined with the origins of maritime commerce — and with modern statecraft. During the 16th century piracy emerged as a tool of statecraft when the navies of Queen Elizabeth contracted pirates to squash Spanish shipping. However, this in turn led to piracy’s uncontainable rise and to its excesses. Realising the consequences, piracy was outlawed in 1856 by the Declaration of Paris.  

    Modern notions of piracy are tainted with romanticism; however, by ancient definition, pirates are in fact hostis humani generis — “enemies of the human race.” Today, pirates originating from Somalia have been left to act upon their own devices, unchecked in power, they have shifted attention from the southern coast to one of the most lucrative channels of trade — the Gulf of Aden. This year alone pirates have hijacked at least 30 ships from the Gulf of Aden. These waters are a major artery used by 20,000 vessels yearly. 700 million tonnes pass through the canal and account for more than 9 per cent of global shipping.

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    In response, a multilateral force has been assembled along with the navies of Operation Ensuring Freedom patrolling the high seas. India has dispatched one of its latest warships to protect its trade. Roughly $100 billion of Indian sea trade passes through the Gulf of Aden; the current situation costs up to $450,000 of revenues per month.  

    As a consequence, attention has been brought to one of the oldest forms of trade and of criminality. The Joint War Committee of Lloyd’s Market Association has designated the channel at high risk of “war, strikes of terrorism and related perils.” The International Maritime Bureau (IMB) has from 2006 pointed out developments in Somalia indicating a “hot spot” for piracy. This fell on deaf ears in the international community till the 7th October passage of a resolution allowing for states to “cooperate” with the Somali Transitional Federal Government (TFG) to enter the country’s territorial waters and use “all necessary means” to repress acts of piracy and armed robbery at sea. This permission is granted for a limited period of 6 months — the broader issue of combating piracy it still undefined.

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